West Virginia asks Supreme Court to hear transgender athlete case

CHARLESTON, W.Va. (WBOY) — West Virginia’s Attorney General JB McCuskey submitted a supplemental filing asking the Supreme Court of the United States to hear the case of West Virginia’s Save Women’s Sports Act.

West Virginia’s law requiring student athletes to compete based on their biological sex assigned at birth was deemed unconstitutional by the Fourth Circuit Court of Appeals last year. The case that McCuskey asked the SCOTUS to hear is State of West Virginia v. B.P.J., which has been ongoing since 2021 and involves a transgender Bridgeport student.

B.P.J. has been competing on the girls’ track team for several years now and qualified for this year’s West Virginia State Track Meet, placing third in one of two events.

McCuskey asked for the case to be taken after the SCOTUS ruled in favor of a Tennessee law restricting gender affirming care for children last week.

“We have always been confident in the merits of our case and defense of the Save Women’s Sports Act,” McCuskey said in a press release. He continued, “While Skrmetti is a landmark decision, our specific question remains; that is why we are urging the Supreme Court, through our supplemental filing, to take our case.”

Gov. Patrick Morrisey previously asked while he was attorney general for the SCOTUS to take the case. Before B.P.J. competed in the State Track Meet this year, Morrisey urged the officials to “keep separate scores so that the true winners can be awarded once we win in court.”

The current term of the Supreme Court is wrapping up in the next week or two, and the next term is scheduled to begin in October.